Columbarium Projects - HLURB

SECTION 2. Scope of Application. These Rules and Regulations shall apply to alldevelopment, expansion, conversion or alteration of columbarium projects.SECTION 3. Who shall Apply. Any person who wishes to construct a columbarium ormake any alteration in any building for use as columbarium shall first apply for aDevelopment Permit with this Board.RULE IIMINIMUM DESIGN STANDARDSSECTION 4. Design Standards and Guidelines for Columbarium Projects.a. LocationColumbarium projects shall conform with the provisions of the Comprehensive Land UsePlan (CLUP) and Zoning Ordinance (ZO) of the locality. In the absence of any provisionon location of columbarium projects, the same can be located in any of the following:1. Institutional Zone particularly in areas designated for religious structure such aschurch, seminary, convents and other places of worship or congregation areas.2. Commercial Zone (C2)3. Areas within the premises of religious structures owned by a religiouscongregation.b. Design Parameters1. Design and Dimension of Niche/Vault1.a The dimension of the niche/vault must be able to house an urn or receptacledesigned to hold at least 200 cubic inches of cremated human remains. Forossuary niche, such shall have a dimension that can accommodatereceptacle for bone remains.1.b A minimum of 2.0 m passageway shall be provided between intermentstructures if proposed to be in grid design.1.c Ladder facility shall be provided for interment and urn retrieval purposes.1.d Materials and Construction RequirementsAll structural framework for the niches/vaults shall be of cast-in-placereinforced concrete, or of structural steel sections, or of concrete over metaldecking or of such other non-porous materials, provided however, thatconstruction of all footings, bearing walls, floor slabs and roofs shall beconsistent with the construction requirements of the National Building Codeof the Philippines.Water proofing shall be required for niches constructed along a perimeterwall or garden wall.2

2. ParkingParking shall be provided at a ratio of 1:50 vaults or 100 parking slots whichever islower.3. EasementA 5-meter non-buildable buffer shall be observed for projects to be located incommercial zone/area adjoining a residential area.4. Prayer RoomA prayer room shall be provided with a minimum area of 50 sqm.5. Comfort Rooms (CR)Every floor shall be provided with a minimum of 2 comfort rooms: 1 for male with 2urinals, 1 water closet and 2 lavatories and 1 for female with 3 water closets and 2lavatories.6. Elevators and EscalatorsElevators shall be provided for projects five (5) storeys and above.For projects provided with escalators, the angle of inclination of an escalator shallnot exceed 30 degrees from the horizontal. The width between balustrades shallnot be less than 560 millimeter nor more than 1.20 meters as provided for in theNational Building Code.c. Light and VentilationSufficient light and ventilation shall be provided pursuant to the provision on Lightand Ventilation of the National Building Code of the Philippines.SECTION 5. Operational Procedure. All columbarium projects shall establish detailedprocedures and guidelines to govern its daily operation and maintenance.SECTION 6. Conversion of Existing Structures to Columbarium Projects. Existingstructures may be converted into columbarium projects upon proper application withHLURB and compliance with the requirements of these rules and standards.RULE IIIAPPROVAL OF COLUMBARIUM PLANSECTION 7. Documentary and Other Requirements.A. For Preliminary Columbarium Plan Approval (Optional)1. At least 2 sets of Site Development Plan at a scale ranging from 1:200 to 1:2000showing the proposed layout, parking, building footprints, etc. duly signed andsealed by a licensed architect.3

2. At least 2 sets of vicinity map indicating the adjoining land uses, access, as well asexisting facilities and utilities at least within 500 meters from the propertyboundaries of the project, drawn to any convenient scale and duly signed andsealed by a licensed geodetic engineer.3. Certified true copy of title(s) free from liens and encumbrances issued not morethan one month prior to application.4. Topographic map duly signed and sealed by a geodetic engineer, if applicable.Approval of the preliminary columbarium development plan will be valid only for a periodof 180 days from date of approval.B. For Final Columbarium Development Plan Approval1. All requirements for application for Preliminary Columbarium Plan approval asspecified in Sec. 7.A of this Rules.2. At least 2 sets of columbarium plan at any of the following scales: 1:50; 1:500; orany scale not exceeding 1:500 duly signed and sealed by a licensed architect:2.1 floor plan(s)2.2 sections and elevations3. Detailed layout of vault structures4. Building specifications and estimated cost.5. Traffic flow management plan/sketch on special occasions to include coordinationmechanism with LGUs or appropriate government agency, as may be necessary.6. Certified true copy of Environmental Clearance Certificate (ECC) or Certificate ofNon-Coverage (CNC) duly issued by the DENR, whichever is applicable.7. Right to use or deed of sale of right-of-way for access road and other utilities whenapplicable.8. One (1) copy of project study to include the following:8.1 Project profile indicating among others, the development cost, total project cost,amortization schedules, sources of financing, marketability, cash flow and workprogram/project time table;8.2 Duly audited balance sheet (certified copy of the original) issued and signed bythe authorized official of the applicant and under the latter’s authority forcorporation and single proprietorship.8.3 Income Tax Return (ITR) and tax receipt for single proprietorship duly receivedby BIR for the last 3 preceding years;8.4 Sworn statement declaring assets and/or sources of funds to be used for theproject indicating therein the nature and control over such assets and resourcesfor newly formed corporation or single proprietorship enterprise.4

8.5 Certificate of Registration with Securities and Exchange Commission (SEC);8.6 Articles of Incorporation or Partnership or Association, amendments thereof andexisting by-laws clearly indicating the authority of the applicant to engage in realestate trade particularly in the development and selling of niches/vaults. Whenan applicant deviated from the intended line of business stipulated in its articlesof incorporation or articles of partnership, authorization from the Securities andExchange Commission (SEC).8.7 Corporation by-laws and all implementing amendments, and8.8 For corporations statement of capitalization and sources of income and cashflow to support work program.9. Deed of Restriction10. Permit to drill from NWRB or certificate of coverage from concerned local franchiseholder.The Columbarium Plan shall be approved and a Development Permit (DP) shall be issued ifthe project is in conformance with the Comprehensive Land Use Plan (CLUP) and ZoningOrdinance (ZO) and with these Rules, and upon payment of the prescribed processing fee.A development permit shall be valid for a period of 3 years from date of issuance unless nophysical development is introduced.Issuance of Development Permit (DP) does not exempt the developer from securing permitsand clearances from other agencies pursuant to existing laws such as Building Permit (BP)from the City/Municipal Building Official.RULE IVREGISTRATION AND LICENSING OF COLUMBARIUM PROJECTSSECTION 8. Application for Certificate of Registration and License to SellThe owner of a columbarium project shall register the project with the Board by filing thefollowing in addition to the requirements under Rule III:1. Sworn registration statement2. Perpetual Care Maintenance Fund indicating the sources of funds and person/entityresponsible for the management of fund.3. A copy of any circular, prospectus, brochure, advertisement, or communication used orto be used for public offering of subject project and for circulation upon approval by thisBoard.4. Sample copy of Contract to Sell5. Sample deed of donation with onerous cause complying with formal requirements ofdonation of real property, if applicable. (Suggested legal form attached as Annex A1)5

6. Certificate of Ownership/Perpetual Privilege to Use (suggested legal form attached asannex a2)7. Plan delineating columbarium niche/vault subject of sale8. Operational procedures which shall include traffic management strategies to and fromthe columbarium project especially during All Saints Day and All Souls Day.9. Deed of Restriction10. Building Permit11. Performance Bond in any of the following forms:11.1 A surety bond amounting to 20% of the cost of the development cost of theunfinished portion of the approved plan issued by a duly accredited bondingcompany (whether private or government) and acceptable to the Board; or11.2 Real Estate Mortgage to be executed by the applicant as mortgagor in favor ofthe Republic of the Philippines as mortgages, the latter as represented by andacting through the HLURB, over a property other than that subject ofapplication, free from any liens and encumbrances and provided, that the valueof the property, computed on the basis of the zonal valuation schedule of theBureau of Internal Revenue, shall be at least 20% of the total developmentcost; or,11.3 Cash bond equivalent to 10% of the development cost of the unfinished portionof the approved plan which may be in the form of the following:a. Fiduciary deposit made with the cashier and/or disbursing officer of theBoard;b. A certificate of guaranty deposit issued by any bank or financing institutionof good standing in favor of the Board for the total development cost;c. A letter from any bank of recognized standing certifying that so much hasbeen set aside from the bank account of the applicant in favor of the Boardwhich amount may be withdrawn by the Chief Executive Officer of theBoard or his duly authorized representative, at any time the principal fails orrefuses to comply with his duties and obligations under the bond contract;11.4 Any irrevocable credit line to be utilized in the development of the project fromany bank of recognized standing and a refinancing re-structuring programindicating sources of funding from duly accredited funding institutions.For pre-existing projects any of the forms of performance bond enumerated abovemay be availed of.SECTION 9. Registration of Columbarium Projects. All columbarium projects shall beregistered with the Board. Failure to register pre-existing columbarium project within 2years from the effectivity of these rules shall be penalized in accordance with theSchedule of Fines approved by the Board.6

SECTION 10. Certificate of Registration. Upon finding that the project may beregistered in accordance with the provision of these Rules, the Board shall cause thepublication at the expense of the applicant a notice of the filing of the registrationstatement in 2 newspapers of general circulation; one published in English and another inPilipino, once a week for 2 consecutive weeks, reciting that a registration statement forthe sale of the vaults/niches has been filed with the Board and that the aforesaidregistration statement as well as papers attached thereto, are open to inspection duringbusiness hours by interested parties. In addition, a 3’ x 6’ billboard notice of the projectshall be posted on the project site until the issuance of the license to sell.After 2 weeks from the completion of the publication and upon submission of the affidavitof publications, the Board shall in the absence of any impediment, issue a certificate ofregistration upon payment of the prescribed fees. (Please see Annex A-2)SECTION 11. License to Sell. No owner or dealer shall sell any disposable vault/nichein the registered columbarium project without a license to sell issued by the Board.Upon a finding that the application complies with the above requirements, the Board shallissue a license to sell the vaults/niches in the project or portion thereof covered by theperformance bond.Upon proper application a project may be exempted from securing license to sell if thesame is established as an ancillary use.RULE VMISCELLANEOUS PROVISIONSSECTION 12. Submission of Annual Reports on Operations. Every owner or dealerof a registered columbarium project shall submit to the Board annual reports onoperations showing the extent/status of land development, changes in corporate officersor managers and their addresses within 60 days after the end of each semester. Copiesof the corporate reports to the Securities and Exchange Commission shall also befurnished to the Board.SECTION 13. Display of Certificate of Registration and License to Sell. Thecertificate of registration and license to sell issued by the Board shall be displayed in aconspicuous place in the principal office of the owner, dealer, broker, as the case maybeand a Xerox copy thereof in all its branches and offices.SECTION 14. Lost or Destroyed Certificate of Registration or License to Sell. Uponloss or destruction of a certificate of registration or license to sell a duplicate copy thereofmay be issued by the Board after satisfactory proof of such loss or destruction andpayment of the prescribed fee. The fact that such duplicate has been issued shall bemade of record.SECTION 15. Advertisement. Advertisement through print or broadcast mediaconcerning sale of niches shall be cleared with the Board. Advertisement shall containamong others, the license to sell number of columbarium projects as approved by theBoard.SECTION 16. Time of Completion. Every owner or developer shall construct andprovide the facilities, infrastructures, other forms of development which are offered andindicated in the approved plans, brochures, prospectus, printed matters, letters or in any7

form of advertisement, within one (1) year or within such other period of time as may befixed by the Board from the date of the issuance of license to sell.Request for extension to complete development of a project may be granted in caseswhere non-completion of project is caused by fortuitous events, legal orders, or forcemajeure and with the written notice to columbarium niche buyers without prejudice to theexercise of their rights.The request for extension of time for completion shall be accompanied by a revised workprogram duly signed and sealed by a licensed engineer or architect based on submittedtime frame of the owner or developer with project costing and financing schemetherefore. In appropriate cases the Board may require for a renewal of performancebond amounting to 20% of the cost of the unfinished portion of the approved plan, cancelthe license to sell if any or issue orders it may deem proper.SECTION 17. Transfer of Ownership or Change of Name. Request for transfer ofownership and/or change of name may be granted only if there is a deed of absolute saleover the columbarium project sought to be transferred, with an undertaking on the part ofthe transferee to assume full responsibility for the completion of the development. Therequirements in Section 9 of this Rule shall be observed whenever applicable.Such request for transfer of ownership or change of name shall be published atapplicant’s expense in a newspaper of general circulation within the city or municipalitywhere the project is located at least once a week for 2 consecutive weeks.SECTION 18. Alteration of Plan. Request for alteration of project plan may be grantedonly upon presentation of written conformity or contract of the majority of the nicheowners/users in the project.SECTION 19. Non-forfeiture of Installments/Payments. No installment paymentmade by the buyer shall be forfeited in favor of the seller when the buyer, after due noticeto seller desist from further payment due to the failure of the seller to develop the projectaccording to the approved plans and within the time limit specified in the license to sell.The buyer may, at his option, be reimbursed the total amount paid including amortizationinterest but excluding delinquency interest thereon at the legal rate.SECTION 20. Fees. The Board shall collect the fees subject to existing Schedule ofFees approved by the Board.SECTION 21. Conflicts Between the Owner/Developer and the Buyer. Any conflictthat may arise between the owner/developer and the buyer in relation to development,payment of obligations and maintenance shall be resolved by the Board pursuant to Sec.5.c and r of EO 648.SECTION 22. Separability Clause. The provision of these Rules are hereby declaredseparable, and in the event of any such provisions are declared null and void, the validityof all other provisions shall not be affected thereby.SECTION 23. Transitory Provisions. Provisions on design standards shall apply tonew applications and those pending upon the effectivity of this Rule.SECTION 24. Effectivity. These Rules shall take effect 15 days after its publicationonce in any newspaper of general circulation.8